8622-95 Amending Chapter 21 Zoning Municipal Cade Amending Section 21-18

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ORDINANCE NO. �O.22-95- AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA BY AMENDING SECTION 21-18, ENTITLED "C" COMMERCIAL DISTRICT; USES PERMITTED STATEMENT OF PURPOSE AND INTENT Section 21-18 of Chapter 21 of the South Bend Municipal Code presently provides that no building or premises may be used and no building may be erected, moved, or structurally altered or enlarged for any adult business use within five hundred (500) feet of any residential use district within the City of South Bend. However, there are many single family, two-family, and multi-family dwellings which are legal nonconforming uses located within non- residential use districts . The properties are unprotected by the restrictions of Section 21-18 . The Common Council of the City of South Bend has determined that the location of adult businesses within close proximity to residential dwellings has a detrimental effect on such dwellings and persons residing therein and that the location of such establishments in close proximity to each other has a detrimental effect on the surrounding neighborhood. It is lawful for a municipality to use its police power to protect its neighborhoods and residential uses from the deleterious effects of adult businesses . It is recognized that detrimental effects of adult businesses affect homes in all zoning districts whether conforming or nonconforming. The Common Council desires to prevent these adverse effects stemming from the location of adult businesses and protect the health, safety, and welfare of the citizenry and preserve and protect the integrity of and property values of surrounding residential uses. The Common Council has determined it is necessary to amend Chapter 21 of the South Bend Municipal Code to prohibit the establishment of any adult business within five hundred (500) feet of any legal nonconforming residential uses . NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows : Section I . That Chapter 21, entitled Zoning, Article 2, Use District Regulations, Section 21-18 of the Municipal Code of the City of South Bend, Indiana, is amended by redesignating Section 21-18 (e) regarding Gun and Gunsmith Shops Prohibited in Certain Areas as Section 21-18 (f) of the South Bend Municipal Code. Section II . That Chapter 21, entitled Zoning, Article 2, Use District Regulations, Section 21-18 of the Municipal Code of the City of South Bend, Indiana, is amended by adding a new subsection to read as follows : Section 21-18 (e) . No building or premises may be used and no building may be erected, moved, structurally altered or enlarged for any adult business use within five hundred (500) feet of any boundary of any lot being lawfully used, entirely or in part, as either a single family, two-family, or multi-family dwelling. SECTION III . This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. �c /}